BILL NUMBER: AB 982	CHAPTERED  09/27/99

	CHAPTER   495
	FILED WITH SECRETARY OF STATE   SEPTEMBER 27, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 27, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 1, 1999
	PASSED THE SENATE   AUGUST 30, 1999
	AMENDED IN SENATE   AUGUST 25, 1999
	AMENDED IN SENATE   AUGUST 17, 1999
	AMENDED IN SENATE   JULY 8, 1999
	AMENDED IN ASSEMBLY   APRIL 22, 1999
	AMENDED IN ASSEMBLY   APRIL 6, 1999

INTRODUCED BY   Assembly Member Ducheny

                        FEBRUARY 25, 1999

   An act to add Sections 13191 and 13192 to the Water Code, relating
to water.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 982, Ducheny.  Water quality:  total maximum daily loads.
   Under the Porter-Cologne Water Quality Control Act, the State
Water Resources Control Board and the California regional water
quality control boards are the principal state agencies with
regulatory authority over water quality.  Under the federal Clean
Water Act, each state is required to identify those waters for which
prescribed effluent limitations are not stringent enough to implement
applicable water quality standards and to establish, with regard to
those waters, total maximum daily loads, subject to the approval of
the United States Environmental Protection Agency, for certain
pollutants at a level necessary to implement those water quality
standards.
   This bill would require the state board to convene an advisory
group or groups to assist in the evaluation of program structure and
effectiveness as it relates to the implementation of the requirements
of a specified provision of the federal Clean Water Act and
applicable federal regulations.  The bill also would require the
state board to report, on or before November 30, 2000, and annually
thereafter until November 20, 2002, to the Legislature on the
structure and effectiveness of its water quality program as it
relates to that provision of the federal Clean Water Act.  The bill,
in addition, would require the state board, on or before November 30,
2000, to assess and report to the Legislature on the state board's
and the regional board's current surface water quality monitoring
programs, as specified.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 13191 is added to the Water Code, to read:
   13191.  (a) The state board shall convene an advisory group or
groups to assist in the evaluation of program structure and
effectiveness as it relates to the implementation of the requirements
of Section 303(d) of the Clean Water Act (33 U.S.C. 1313(d)), and
applicable federal regulations and monitoring and assessment
programs.  The advisory group or groups shall be comprised of persons
concerned with the requirements of Section 303(d) of the Clean Water
Act.  The state board shall provide public notice on its website of
any meetings of the advisory group or groups and, upon the request of
any party shall mail notice of the time and location of any meeting
of the group or groups.  The board shall also ensure that the
advisory group or groups meet in a manner that facilitates the
effective participation of the public and the stakeholder
participants.
   (b) Notwithstanding Section 7550.5 of the Government Code, on or
before November 30, 2000, and annually thereafter until November 30,
2002, the state board shall report to the Legislature on the
structure and effectiveness of its water quality program as it
relates to Section 303(d) of the Clean Water Act.  The report may
include the information required to be submitted by the board to the
United States Environmental Protection Agency pursuant to Section 305
(b) of the Clean Water Act, and any information required to be
submitted to the Legislature pursuant to the Supplemental Report of
the Budget Act of 1999.  In formulating its report, the state board
shall consider any recommendations of the advisory group or groups.
  SEC. 2.  Section 13192 is added to the Water Code, to read:
   13192.  (a) Notwithstanding Section 7550.5 of the Government Code,
the state board, on or before November 30, 2000, shall assess and
report to the Legislature on the State Water Resources Control Board'
s and regional water control board's current surface water quality
monitoring programs for the purpose of designing a proposal for a
comprehensive surface water quality monitoring program for the state.
  The report shall include a proposal for the program, including
steps and costs associated with developing the full program, cost of
implementation of the program after development, and appropriate
funding mechanisms, including any fee structure.  The board may
include in the report information required to be submitted to the
United States Environmental Protection Agency pursuant to Section 305
(b) of the Clean Water Act, information required to be submitted
pursuant to paragraph (1) of subdivision (c) of Section 13181, and
any information required to be submitted to the Legislature pursuant
to the Supplemental Report of the Budget Act of 1999.
   (b) In considering and designing the proposal, the state board
shall address factors that include, but need not be limited to, all
of the following:
   (1) Physical, chemical, biological, and other parameters about
which the program shall collect and evaluate data and other
information and the reasonable means to ensure that the data is
accurate in determining ambient water quality.
   (2) The use of models and other forms of information not directly
measuring water quality.
   (3) Reasonable quality assurance and quality control protocols
sufficient to allow sound management while allowing and encouraging,
where appropriate, data collection by entities including citizens and
other stakeholders, such as dischargers.
   (4) A strategy to expeditiously develop information about waters
concerning which the state presently possesses little or no
information.
   (5) A strategy for assuring that data collected as part of
monitoring programs, and any associated quality assurance elements
associated with the data collection, be made readily available to the
public.
   (6) A strategy for assessing and characterizing discharges from
nonpoint sources of pollution and natural background sources.
   (7) A strategy to prioritize and allocate resources in order to
effectively meet water quality monitoring goals.
   (c) Nothing in this section affects the authority of the regional
water quality control boards.
